ANTI-SEMITIC HATE CRIMES AND INCIDENTS REPORT May 2015 BRUSSELS INSTITUTE TABLE OF CONTENTS Executive Summary Action and Protection Foundation Brussels Institute Unity About the Report Methodology Anti-Semitic Hate Incidents — May 2015 Hate speech Further Anti-Semitic Hate Incidents Community news and responses Official and civil reasponses News and opinions about anti-Semitism in Hungary Other news Action and Protection Foundation legal actions The Month’s Chronicle Contact and Support References Contributors and publisher information 5 6 6 7 8 10 14 14 16 18 19 20 24 25 29 31 32 34 3 EXECUTIVE SUMMARY O ne of the most important requirements for the struggle against anti-Semitism is an investigation of the actual prevalence of anti-Semitism. One of the aims of Action and Protection Foundation is to eliminate ignorance of this issue. Instrumental in achieving this objective is the continuous professional monitoring of hate crimes that occur public life. The community cannot really be protected unless current information on anti-Semitic acts and other hate crimes are collected and analyzed. Results of the monitoring are published, monthly by the Foundation. The reports deal with two forms of behavior: anti-Semitic hate crimes, and hate-motivated incidents. The report refers to both types of behavior as “ hate incidents”. An anti-Semitic hate crime is distinguished from other hate crime by possessing an anti-Semitic motive. Anti-Semitic hate crime is a violation of criminal law, not all hate-motivated acts are regarded as criminal. Nevertheless, a record of both types of hate incidents is necessary in order to gain a general overview. For the monitoring to have the widest possible scope, it is required that a variety of sources are used simultaneously. Apart from registering the incidents, it is important to record their particular characteristics. Date recorded includes the in- cident’s location, perpetrator, victim, consequences. Also the types of the various incidents are differentiated. Action and Protection Foundation identified three incidents of anti-Semitic hate crimes over the course of its monitoring activities in the month of May. All three incidents fall into the category of hate speech: one incident involved a man speaking Hebrew, who was threatened and called a Jew; the second was the case of anti-Semitic comments from university students in connection with an obligatory course on the Holocaust; the third incident was when rapper Young G posted on his Facebook profile that, in his opinion, there was a connection between receiving the Hungarian Music Awards and Jewish origins. There were three other incidents, which we did not take into account when compiling our most recent statistics, as it is impossible to verify the times that those hate crimes were committed or to prove their anti-Semitic intent. Therefore, these incidents are included in the section titled Further Anti-Semitic Hate Incidents. We also report on a number of events in connection with the Holocaust in Hungary, as well as a number of incidents related to anti-Semitism. Action and Protection Foundation filed no charges in May 2015. 5 ACTION AND PROTECTION FOUNDATION T he phenomenon of anti-Semitism is by no means new to Hungary. The hate speech encountered earlier has however become increasingly dominant in public life. The situation is further aggravated by the Jobbik Party, which openly declares anti-Semitic and racist views, having fortythree members of parliament making hate speech far more ever-present in both Parliament and other organized events. These circumstances brought Action and Protection Foundation into being. Among the forms of civil association offered by Hungarian law, Action and Protection Foundation chose the form of foundation; it was registered in November 2012. The Foundation seeks to provide an alternative to the ineffectual legal steps taken against deteriorating standards of public discourse, exclusion, and the ignorance in which anti-Semitism is rooted, as well as atrocities and hate crimes. BRUSSELS INSTITUTE The Brussels Institute, founded by Action and Protection Foundation, carries out monitoring of anti-Semitic hate crime in accordance with methods worked out and proposed by the Organization for Security and Co-operation in Europe (OSCE). In monitoring anti-Semitic phenomena the Institute records and analyzes them on the basis of information delivered by various standardized sources. The monitoring process, which categorizes incidents into seven different groups, relies on the following sources: the sources of the Institute’s own Research and Incident Monitoring Group, information available in the press and public media, and relevant data to be found in judicial, criminal and other state administrative records in the framework of an agreement with these branches of government. The institute has set up a now operational HOTLINE that can be reached by dialing the number (+36 1) 51 00 000, where incidents of anti-Semitic and anti-Jewish behavior can be reported. Beyond regular publication of the monthly monitoring reports the Brussels Institute’s research plan incorporates a comprehensive research project related to Jewry—using both quantitative and qualitative methods—, as well as a survey on the current situation concerning anti-Semitism that encompasses society as a whole. Furthermore, the program includes development of a differentiated training program that prepares different levels and participants of state administration for action and appropriate procedure on racist and antiSemitic phenomena, in the form of teaching materials for the educational system and further training. 6 Anti-Semitic Hate Incidents — May 2015 Unity Action and Protection Foundation is a registered civil organization. Among those actively participating in the work of the Foundation are statusquo/Chabad EMIH, the reform oriented Sim Shalom Progressive Jewish Congregation, as well BRUSSELS INSTITUTE as socially recognized emblematic personalities independent of these movements. Trustees of the Foundation represent the most important Jewish religious and cultural movements in Hungary, a symbolic expression of the fact that action on anti-Semitism is a cause shared by all. 7 ABOUT THE REPORT G eneral opinion on, and treatment of Hungarian anti-Semitism is often unusually extreme. Voices are heard on the one hand, that belittle the importance of such offences and manifestations. On the other hand, on occasion it may be the case that in relation to one-off incidents the image registered is of a public life deluged by such incidents. Knowledge of the actual situation is an indispensable condition for treatment of the real problems, which is why Action and Protection Foundation considers it its duty to provide as comprehensive an overview of the scale of anti-Semitism in Hungary as possible. Monitoring of anti-Semitic hate crimes and incidents1 is one of the tools of achieving this objective. The monitoring results are published by the Foundation on a monthly basis. Apart from the monthly report, an annual summary review including more detailed analyses on the offences committed in the course of the year is also prepared. The fight against hate crimes bears exceptional importance, because they differ from other forms of criminal conduct. These crimes may be considered messages of a kind, and thus point beyond private actions. This additional import becomes manifest in various social realms: on the level of the individual, the group attacked, and of society as a whole. The victims may suffer a greater psychological and emotional trauma. In the case of these crimes not “only” the property, or physical integrity of victims is endangered, but also their self-respect. These offences question the right of 1 See detailed definitions in the Methodology section. 8 the individual to equality, even of belonging to society itself. It is important that in the course of such crimes the victims are the target of attacks because of some unchangeable characteristic, and for this reason may well feel more defenseless. The victims are often afraid that they may again become victims of further atrocities. Inappropriate handling of such incidents can easily lead to a secondary victimization of the targeted person. This type of criminal act also has a strong effect on the group to which the victim belongs. The victims of such crimes are often interchangeable, because in countless cases the attack does not target a certain individual, but anyone who, in the given instance, is a member of the group under attack. In the event, members of the group also become involved emotionally, and might live in fear of the future when they themselves may become the target of such prejudice-motivated crimes. This is especially true of groups, which have been exposed to prejudice for a long time. There is no need to justify at length that Jewry belongs among such groups. These crimes violate the norm that holds the members of society equal. Inadequate handling of such incidents can have grave consequences for the whole of society. It may on the one hand, encourage the perpetrators, or even others to commit further crimes in the same mold. On the other, it significantly diminishes the cohesive power of society (Levin and McDevitt 1999, 92– 93; OSCE/ODIHR 2009a, 19–21; OSCE/ODIHR 2009b, 17–18; Perry 2001, 10). Anti-Semitic Hate Incidents — May 2015 It may be stated in general that fewer hate crimes are reported, and in the event documented, than are committed. Victims often do not report them to the police. A number of reasons may cause this implicitly. Firstly, many do not feel assured that the authorities will treat these incidents adequately, either because they are not sufficiently prepared, or due to prejudice. Certainly there are many victims who are not clear about the applicable legal regulations. Victims may feel shame, or fear that one of their concealed traits will be exposed. Lesser categorizations of the crimes are also frequent, where official authorities do not establish the hate-crime motivation. It is civil or- BRUSSELS INSTITUTE ganizations that can help remedy these problems. Cooperation with state organs—such as the police, or the Public Prosecutor’s office—may be particularly beneficial.2 Reports prepared by civil organizations can be expedient in alerting the official authorities to hate motivated crimes in the country. Long-term tendencies can be outlined on the basis of the collected data. Civil organizations can help in setting particular cases on track for legal process, may provide legal defense for the victims, and give various other forms of aid. These organizations may also serve as intermediaries between the victims and the police (OSCE/ODIHR 2009b, 34–36). 2 A great example of the above can be found in the Community Security Trust (CST) and cooperation between the London and the Manchester police forces. (CST 2013) 9 METHODOLOGY T he report deals with two types of offence: hate crimes and hate motivated incidents. These are defined by EBESZ as follows3 (OSCE/ODIHR 2009b, 15–16): hate crime: a crime as defined by the criminal code, which has been motivated by prejudice against a certain group of people4 hate-motivated incident: an offence, also based on prejudice against a certain group of people, but not reaching the level of criminal conduct. The heightened importance of individual hate crimes is indicated by the fact that the criminal code of numerous countries deals with these cases separately. Hungarian criminal legislation identifies two forms of hate crime: violent offences committed against the member of a group, and incitement to hatred of a community. The recently adopted Criminal Code (Act C of 2012) deals with these in Chapter XXI, Paragraph 216, on crimes against human dignity and certain basic rights, as well as Chapter XXXII, Paragraph 332, on crimes against public peace. The crime of violence against a member of a group may be established if the perpetrator assaults or otherwise coerces the victim, because they belong to a pro- tected group. Additionally, this is also the case if the perpetrator demonstrates provocative behavior against a community that is apt to cause alarm. The crime is only affected if there is a concrete victim. Incitement against a community most often means hate speech, and it can only be defined as such on the condition that it is committed in public. Incitement to hate crimes does not target concrete individuals but a group of people. It is important to add that other crimes may also be categorized as having been committed on racist motives. In such cases the courts must pass a heavier sentence5 (TASZ 2012, 3–4). Apart from these, Paragraph 333 of the Criminal Code also describes the crime of denial of the crimes of the National Socialist regime. Furthermore, Paragraph 335 bans the distribution and use in wide public, or public display of the symbols of various autocratic regimes (among them the swastika, the SS insignia, arrow-cross). Detailed descriptions of approaches to, and recent tendencies in the definition of hate incidents can be found in our May Report. The report also cites the findings of literature in this field internationally. The present report presents hate crimes and hate incidents motivated by anti-Semitism, wherever perpetrator, target, means or message of a case 3 The scientific definition of hate crimes is extremely contradictory and divergent (for more on this, see Chakraborti and Garland 2009, 4–7). These definitions can serve as important addenda to an understanding of these crimes, however they are difficult to apply in practice. This is what made the creation of simpler, more practical definitions necessary. 4 For example, on these grounds the OSCE does not consider hate speech a hate crime, since the given behavior would not count as criminal without the motive of prejudice (OSCE/ODIHR 2009a, 24). For our approach in dealing with this, see below. 5 The Criminal Code does not include racist motives verbatim, but for example the case of “contemptible motive” is fulfilled, if someone commits a crime out of such a motivation. 10 BRUSSELS INSTITUTE Anti-Semitic Hate Incidents — May 2015 suggest it. The target may be a person, a group, an event, a building, a monument or other property. It is important however, that anti-Semitic motivation can only be spoken of if the perpetrator chose the given target expressly because it was assumed to belong to Jewry. In this context it is not finally relevant whether the assumption is correct: the belief of the target’s connection to Jewry is sufficient. In the course of monitoring, on one hand, all incidents that fall in the category of hate crime are considered hate incidents. These may be crimes identified as such by the Criminal Code (violent assault of a member of a community, incitement to hatred of a community, denial of the crimes of the national socialist regime, use of symbols of autocratic regimes), but can also include other acts mentioned in the Criminal Code, if prejudice can be proven as a motivating factor. When identifying hate incidents, various indicators recorded during the monitoring period6 are used as the basis for examining whether the given action could have been motivated by anti-Semitism. For the widest possible scope in monitoring antiSemitic hate incidents the simultaneous use of a variety of sources is required. The victims’ filed reports are of especially great importance to this study. If the victim cannot, or does not want to file a report with the Brussels Institute, the involvement of an intermediary may be facilitated to gain information. Such an intermediary may be a family member, acquaintance of the victim, a witness of the incident or another civil organization. The earlier mentioned 24-hours-a-day Hotline operated by the Foundation serves to ease the passage of reports. Additionally there are op- tions for online filing of reports, which allow even greater anonymity for the person placing the report. It is a declared objective of the Foundation to keep in touch with the authorities, since they are the most likely to be first approached by victims or witnesses. A variety of media channels also represent important sources: television, radio, as well as the printed and online versions of the press. An essential segment of the report is composed of monitoring the expressions of, so called, online hatred, which seems currently to have become an ever-increasing threat. Monitoring of these media channels is covered in part by a paid team of experts within a professional framework, while volunteers are involved additionally in the media watch, sending information gained on to the Brussels Institute for processing. It is an aim to cover an increasingly large segment of the media with continuous monitoring. Monitoring extends to roughly all receivable TV and radio stations, all the printed press with high print-runs, as well as online material not only on news portals, but the social networking pages and extreme, hate inciting websites. The monitoring process is carried through systematically, according to precisely prepared standards. Among the monitored hate incidents there are some that are considered a part of the statistics, but there are also some that are recorded, though not counted as part of the statistics.7 6 These are described in the Methods section. 7 The following were used to develop these criteria: ADL 2012, CST 2013 11 Anti-Semitic Hate Incidents — May 2015 The criteria for hate incidents that are included in the statistics follow: • Only hate incidents that occurred in Hungary; no matter whether the victim is a Hungarian citizen or not • Any action, incident, atrocity that is aimed at Jewish individuals, organizations or property where an anti-Semitic intent or content can be proven, or if the victim was attacked for being Jewish or due to an assumed Jewish identity • Deliberate and wanton impairment of any Jewish institution or building (even if no further, explicit anti-Semitic message was paired with the vandalism [for example, a Jewish synagogue’s window is broken with a stone]) • Anti-Semitic comments that have been reported to Action and Protection Foundation appearing on blogs, fora, community pages • Anti-Semitic and neo-Nazi material delivered to particular Jewish individuals, Jewish organizations, institutions • Anti-Semitic and neo-Nazi material deposited at Jewish-owned property, Jewish organizations, institutions • Criticism related to Israel and Zionism, if they go beyond a political statement and serve to recall traditional anti-Jewish stereotypes • Events apt to raise fear among Jews. Hate incidents that are not accounted for in the statistics: • Anti-Semitic hate incidents that are related to Hungary and Hungarian Jewry, but for some reason do not belong to the scope of the statistics (e.g., they did not occur in Hungary) • Expressions of hate that appear regularly on homepages, in comments and online fora, and have not been personally reported to Action and Protection Foundation. 12 BRUSSELS INSTITUTE A number of the aspects of the registered incidents are recorded. The indicators that help decide whether a given incident was motivated by prejudice have been mentioned earlier. These indicators pertain to various characteristics of the perpetrator, data concerning the victim, the time and location of the incident. These are recorded in the course of collection of data. Tabs are kept on whether incidents had any, and if so, what sort of—possibly legal—consequences. Apart from registering incidents, it is also important to capture the qualitative differentials between them. The typification of cases is carried out in two ways. According to one of the systems of categorization the following types are differentiated: incitement against members of a community, violence against members of a community, use of symbols of autocratic regimes, and Holocaust denial. Based on the Facing Facts! Guidelines, seven types of incidents are differentiated as follows (CEJI 2012, 10–12): • Homicide: any attack on a person that causes loss of life • Extreme physical violence - Any attack on a person that potentially causes serious bodily harm - Any attack involving weapons, or other tools that can cause bodily harm - Any attack on property, where there is a potential for the people occupying the property to be killed - Bombs and letter bombs - Kidnapping • Assault - Any physical attack against a person or people, which does not pose a threat to their life and is not serious Anti-Semitic Hate Incidents — May 2015 • • • • - Attempted assault, which fails due to selfdefense, or if the victim runs away - Throwing objects at a person or people, including where the object misses its target Damage to property - Any physical attack directed against property, which is not life-threatening Desecration of property - Arson attacks on property where there is not threat to life, failed attempts at arson Threats - Any clear and specific threat, whether verbal or written - Any “bomb” which is assessed to be a hoax - Stalking - Defamation Hate speech - Public hate speech - Hate speech channeled via the internet and social media BRUSSELS INSTITUTE - Abusive behavior - Abusive literature sent to more than one person - In literature and music • Discriminatory incidents Placing hate incidents in context is also a priority. These actions do not exist in empty space and are by no means independent of the social and cultural environs in which they occur. The dynamics of these incidents is also of importance: often processes, rather than separately occurring events can be spoken of (Perry 2001, 8). Apart from the static data, short descriptions of each event are also published, which aid understanding of the environment surrounding the incident.8 In presenting time lines, attention will always be given to showing the dynamics of the events. 8 These descriptions in particular are held to be a most positive aspect of the Anti-Defamation League reports by Perry (2001, 18). 13 ANTI-SEMITIC HATE INCIDENTS MAY 2015 A ction and Protection Foundation identified three incidents of anti-Semitic hate crimes, all of which fall into the category of hate speech. Anti-Semitic comments about a course on the Holocaust Budapest Source: Index Hate speech Israeli consul called a Jew Budapest, Pozsonyi street Source: Jerusalem Post, Yediot Aharonot On 25 May, two men speaking Hebrew while waiting in front of Dunapark Restaurant and Café were called “ dirty Jews” by a 62-year-old local man who then also told that “ it is a shame Hitler did not finish the job. If I had a gun, I would shoot you”. One of the two men was Israeli consul Motti Rave of Hungarian descent. He was waiting with his son. The Israeli diplomat understood what they had been told, he turned to the local man and asked him to stop using anti-Semitic speech, otherwise he would call the police. The man’s response was: “I wish I had a gun to shoot every one of you.” The consul then called the Security Officer of the Israeli Embassy who noticed the police. The man was arrested. Further information in the section titled Official and Civil Responses. We report in the section titled Other News that Pázmány Péter Catholic University has created a course called »The Holocaust and its memory«, which is obligatory for all students to attend beginning in September 2015. Index news portal published an article on 26 May, in which they stated that a vs.hu article about the new compulsory course was shared in one of the university’s Facebook groups for students. The following comments appeared under the post9: “There is nothing more important than this, a 628 commemorations per year and listening to that all Hungarians are accomplices are not enough, we need an OBLIGATORY course as well! Well done Pázmány! No, not…” (verbatim quote) “And if a teacher denies completion of the course… is that Holocaust denial?” (verbatim quote) “Europe and the Middle East are before a second holocaust.. The first is, by the way, done by the currently ruling, completely anti-democratic Israeli government that could be classified into the Putinlike regimes…” (verbatim quote) 9 For reasons of anonymity, Index made the profile pictures and usernames unrecognizable. 14 Anti-Semitic Hate Incidents — May 2015 “I hope the course will detail how many Palestinians were killed!” (verbatim quote) “I am not sure whether the honourable decision makers realize that anti-Semitism has been growing since the Holocaust is rammed down people’s throats and there are numerous commemorations around the year… It was a terrible thing indeed, but on one side, from a historical aspect, it was not at all more important than any other tragedies of mankind (like the Armenian genocide, the killing of Native Americans, the victims of the communist regime, unfortunately there has been plenty…)” “Awful that 70 years later, monster regimes behind the mask of democracy could still make a business of the Holocaust victims’ souls…” (verbatim quote) BRUSSELS INSTITUTE Is Jewish religion necessary? Budapest Source: !!444!!! This year’s Fonogram Awards — the Hungarian Music Awards10 — were given out on 26 May. On 27 May, a !!444!!! article drew attention to Young G11’s congratulations. On 27 May, Young G posted a video on Facebook that showed him speculating about how one could win the Fonogram Awards. His post, edited once after publishing, said the followings: “I would like to hereby congratulate to fonogram’s »winners«! Who knows how one can convert to Judaism????? [new line] Such a vicious circle…. [new line] Good day” (verbatim quote) 10 Hungarian Music Awards is designed to acknowledge the activity of those musicians and record companies that contribute to the success of sound recording and music publishing as well recognizing the activities required for the production of sound recording – and the people behind them – that make our musical scene. Sound recording and music publishing develop and create new and original products which qualify as outstanding in the eyes of the representatives of the profession and the public. (Source: http://www.fonogram.hu/). 11 Birth name Béla Rácz. He first gained notice in 2010 and 2011 when he appeared on RTL Klub’s reality show called Való Világ for a few months. He started his music career after the show and then chose Young G as his stage name. (Source: https://starity.hu/sztarok/racz-bela/eletrajz/) RTL Klub is one of Hungary’s main commercial TV channels. 15 FURTHER ANTI-SEMITIC HATE INCIDENTS A ction and Protection Foundation identified three incidents of anti-Semitic hate crimes during its monitoring activities in May of 2015, which we did not take into account when compiling our most recent statistics, as it is impossible to verify the times those hate crimes were committed or to prove their anti-Semitic intent. Stars of David on underground carriage and at station Budapest, Deák Ferenc square Source: Fórum az antiszemitizmus ellen (Forum against anti-Semitism) On 4 May, Forum against anti-Semitism posted images on their Facebook profile showing Stars of David. One photo depicts a post at Deák Ferenc Square underground station (line M3) with a hanged Star of David drawn on it. The other photo is of an M3 underground carriage, there is a hanged Star of David drawn on one of its doors. Hanged Star of David at Deák Ferenc Square underground station, Source: Forum against antiSemitism Hanged Star of David on an M3 underground carriage, Source: Forum against anti-Semitism Next film should be about the Battle of Pressburg Budapest Source: Fórum az antiszemitizmus ellen (Forum against anti-Semitism), HírTV, Index, Rubicon On 24 May, Son of Saul, the first film directed by László Nemes won the Grand Prix at the Cannes Film Festival. The film is set in 1944 in Auschwitz where, as a member of the Sonderkommando12 , Saul is engaged in burning corpses. He discovers the corpse of a boy he believes is his son and does everything in order to pay the last honours to him. On 24 May, György Dörner congratulated László Nemes in a programme called »Civil kaszinó« (Civil casino) on HírTV but also expressed his hopes that Nemes’ next film will be about the Battle of Pressburg. The Battle of Pressburg was supposedly fought between 4–6 July 907, and it 12 Sonderkommandos were work teams in Nazi concentration camps, nearly all of their members were Jewish captives. Their main task was burning the dead. 16 Anti-Semitic Hate Incidents — May 2015 was one of the most important victories in Hungarian military history as it strengthened the tribal confederation and concluded the Hungarian conquest of the Carpathian Basin. BRUSSELS INSTITUTE Kispest public transpott hub. An unknown culprit scribbled a swastika on the schedule board. Swastika at Köki Budapest, Kőbánya-Kispest (Köki) bus station Source: Facebook profile of Tolerancia csoport (Tolerance group) On 31 May, Tolerance group posted an image on their Facebook profile showing the schedule board of night bus No. 968 at the Kőbánya- Swastika on the schedule board, Source: Tolerance Group Facebook profile 17 COMMUNITY NEWS AND RESPONSES House of Fates Budapest Source: 168 Óra, Népszabadság On 14 May, 168 Óra — a political news magazine in Hungary — published an interview with Mária Schmidt, Director-General of the Sorsok Háza (House of Fates) Museum. In the interview, Mária Schmidt blamed János Lázár for the delayed opening of the institution. According to her, János Lázár is in a crisis as “one who operates without principles and fellowship, and changing their sets of values every sixth months, will soon drop out of politics”. 18 At his 14 May press conference, János Lázár said that he was not in a crisis and he deemed he was governed by one single principle: if the government sets up a Holocaust memorial in a reasonable time and manner, it should be done by discussion and agreement with the representatives of Hungarian Jewry. He added that he highly appreciated Mária Schmidt’s work, but the House of Fates would only be established if it enjoyed the support of Hungarian Jewry. OFFICIAL AND CIVIL REASPONSES “Holokamu” (Holohoax) subpage of kuruc.info to be temporarily inaccessible Budapest Source: MTI, ATV, Action and Protection Foundation Bettina Bagoly, spokesperson for the Office of Prosecutor General of Budapest, told MTI on 27 May that the Prosecutor’s Office of Budapest District 5 and 8 called for the final block of the subpage titled “Holokamu” (Holohoax) on kuruc.info for public denial of the crimes committed by the Nazi regime. Bettina Bagoly said that the page in question has been available since January 2014 and it collects articles and texts that deny the Holocaust ever having occurred, doubt it is fact, trivialize it, or attempt to justify it. The spokesperson noted that no court orders were received at the district prosecution office. Action and Protection Foundation pressed charges against the subpage on 1 September 2014 at the Office of Prosecutor General of Budapest, which transferred the case to the Budapest 5th District Police Department. An investigation into the case was ordered, but suspended with a decision on 16 December 2014, claiming that no perpetrator could be identified. The decision received by APF also detailed that the Budapest 5th District Police Department called for the Prosecutor’s Office of Budapest District 5 and 8 to order to make offending contents temporarily inaccessible. Proceedings against a man Jew-baiting Budapest Source: !!444!!! We reported in the section titled Anti-Semitic Hate Incidents that a 62 year-old man Jew-baited and threatened to shoot two men speaking Hebrew on 25 May. One of the two men, an Israeli consul who is fluent in Hungarian, asked the 62-year-old to stop but he threatened them again. The police officer arriving on the scene took the elderly man into custody; the consul pressed charges. In an article dated 29 May, !!444!!! wrote that when asking the Budapest Police Department (BRFK) about the incident, its press officer said that the BRFK’s Crime Detention Department initiated proceedings against the perpetrator for reasonable suspicion on violence against a member of a community. The perpetrator has the right to defend himself on parole. 19 NEWS AND OPINIONS ABOUT ANTI-SEMITISM IN HUNGARY GFCA held in Jerusalem Jerusalem, Israel Source: MTI, Action and Protection Foundation th Between 12-14 May, the 5 Global Forum for Combating Anti-Semitism (GFCA) took place in Jerusalem. The Prime Minister of Israel, Benjamin Netanyahu, said at the opening of the conference that the growing anti-Israel sentiments of past years are the manifestations of resurgent anti-Semitism. Minister of State for EU Affairs at the Prime Minister’s Office and Ministerial Commissioner for the International Holocaust Remembrance Alliance (IHRA) Chairmanship, Szabolcs Takács, described the activities of the IHRA as a sort of “purgatory” to MTI: participating countries must face their own past through Holocaust education; even though this might be difficult, it is the only way they can shape an acceptable future. He said that since 2000, Hungarian governments have continuously sought to engage in this fight, in the recognition of past events, and in the creation and implementation of legislation against present manifestations of anti-Semitism, radicalism, extremism, and racism. The global forum focused on two main themes this year: the connection between the advance of global communications and the rise of antiSemitism throughout the world; and government engagement in the fight against anti-Semitism, 20 the need to formulate new forms of government response. Action and Protection Foundation also participated in the conference as expert contributors on behalf of Hungary, represented by Chairman of the Board of Trustees, Dániel Bodnár, and Executive Director of the research institute of the Foundation, Kálmán Szalai. The Foundation’s »AntiSemitic Hate Crimes and Incidents in Hungary« annual report and »Anti-Semitic prejudice in contemporary Hugarian society« research report were presented at the conference. Simonyi: Viktor Orbán is not an anti-Semite Washington DC, Egyesült Államok Source: MTI On 19 May, the Subcommittee on Europe, Eurasia and Emerging Threats of the House Foreign Affairs Committee held a hearing on the future of US-Hungarian relations. All participants of the hearing agreed that Hungary and the US were allies and they needed to openly discuss disputes that arise between them. Vice President of Human Rights First, Ted Stahnke, suggested that Washington use international organizations to apply pressure on the Hungarian government to take action against anti-Semitism, racism, and revisionism. Managing Director of the Center for Transatlantic Relations at John Hopkins University and Anti-Semitic Hate Incidents — May 2015 former Hungarian ambassador to the US, András Simonyi, expressed his sorrow that Hungary is no longer treated as a developed democracy. He stated that Viktor Orbán is not an anti-Semite, yet he does not take enough actions against antiSemitism. Is Hungary suitable to assume the chairmanship of the IHRA? London, United Kingdom Source: Népszabadság Népszabadság published an article on 28 May in which they wrote that the Wiener Library13 in London hosted an event about the Hungarian chairmanship of the IHRA. The invitation read: “In recent years, (…) serious concerns have emerged about the politics of Holocaust commemoration in Hungary. This raises the question: is it possible for Hungary to provide the moral leadership in Holocaust commemoration that is demanded by the IHRA Chairmanship?” The main speaker, Paul Shapiro — director of the Jack, Joseph and Morton Mandel Center for Advanced Holocaust Studies at the United States Holocaust Memorial Museum — explained that the murder of the Hungarian Jews is well documented and there is no doubt about the Hungarian state’s responsibility. However, Fidesz governments have been trivializing and distorting the Holocaust, allowing anti-Semitic speech in public and rehabilitating the perpetrators of Holocaust since 2010. He highlighted that Horthy could not be excused as an ally to Hitler and his complicity in the murder of the Hungarian Jews is fact. Hoping to rehabilitate the Horthy regime is BRUSSELS INSTITUTE merely to legitimize an autocratic power. Besides, the House of Terror serves an excellent example on how Hungarian history is distorted, while the Holocaust Documentation Center and Memorial Collection on Páva Street that is true to history is being crumbled away. Although discussions concerning the House of Fates are held again, it is worrying that no new director has been officially named. It is impossible to face the past because of the fog curtain that myths create. For example the Hungarian government had been protecting Jews before the German invasion, that Horthy had no power to influence deportation, or that military loss on the Eastern front was the equivalent of the Holocaust. The memory of the victims of the Holocaust is still in danger. Minister Deputy Head of Mission at the Embassy of Hungary in London, Mária Vass-Salazar, voiced that the Hungarian government is determined to fight anti-Semitism and Hungarian PM Viktor Orbán promotes zero tolerance against it. She referred to the verdict of Tibor Ágoston, MP for Jobbik, while she stressed that anti-Semitism is becoming a more and more severe problem throughout Europe. Ms Vass-Slazar confirmed that the House of Fates would not be established without the support of the Jewish community as János Lázás had promised. She tried to separate Fidesz from Jobbik and she denied in her answers that they adopted anything from Jobbik’s political programme. Director of Wiener Library, Ben Barkow strongly criticized mixing victims with perpetrators, and highlighted that ambiguity and ambivalence are in conflict with the objectives of the IHRA. De- 13 Established in 1933, Wiener Library is the oldest and one of the most extensive archives in the world on the Holocaust and the Nazi era. 21 Anti-Semitic Hate Incidents — May 2015 nial and relativization of the Holocaust, distortion of history are unacceptable, and that includes pardoning collaborators, giving excuses and trying to justify oneself instead of taking responsibility. No single internationally recognized scientist claims that Hungary was the victim of Nazi Germany. The present Hungarian government has allowed ambiguity and ambivalence to surround the approach of the Holocaust and that is in conflict with moral leadership. IHRA has also diminished its moral legitimacy when they gave way to Hungarian chairmanship, and they ought to seek ways to redress that problem. A flood of questions was raised for the speakers and when Ms Vass-Salazar was unable to answer a survivor criticizing the House of Terror, Paul Shapiro took the floor. He said that in countries that collaborated with the Nazis, it is common to mix Nazism and communism, and that is unacceptable from a historical aspect since it blames the Jews for communism and grants self-pardon. He said that actions are more important than promises, voicing good intent is not enough, promises do not convince people any more. The Hungarian government should clear themselves by taking actions instead of whitewashing. Zero tolerance should be manifested in actions: disciplining and expelling Fidesz members that collaborate with Jobbik, for instance. If the Hungarian government thought that assuming the chairmanship of the IHRA was to be taken as international approval, they are greatly mistaken. Those who try to perpetuate the authentic memory of the Holocaust and preserve its lessons are even more alert and monitor the education and the politics of Holocaust commemoration in Hungary. The government’s role will be judged by their actions: whether they fight or provoke prejudice and hate speech. 22 BRUSSELS INSTITUTE The importance of memory work Budapest Source: MTI, Action and Protection Foundation The launch of the book titled »The Future of Holocaust Memorialization: Confronting Racism, Antisemitism and Homophobia through Memory Work« took place on 21 May. The English volume was published by the joint work of CEU, Tom Lantos Institute, and the Embassy of the United States in Hungary. United States Ambassador to Hungary, Colleen Bell, highlighted that one has to face the past and overcome hard times of history. She also stressed that it is important to perpetuate the memory of the Holocaust and discuss its events. Numerous sad events took place in those days and there are still several disputes about what happened exactly in those times and who participated in the events. With regards to the book, she said that education plays a major role and therefore the work and efforts of experts on the Holocaust are especially significant and necessary. Rector of CEU, John Shattuck, said that the book is based on the content of last year’s conference commemorating the 70th anniversary of the Holocaust in Hungary. The aim of the joint work was to recall the events of the Holocaust, discuss what the education of the Holocaust should be like, and how anti-Semitism, racism and homophobia could and should be treated. A study titled »Introducing a New Subject in a Challenging Environment among Students of Military Sciences, Public Administration, and Law Enforcement in Hungary: A Case Study« from Ildikó Barna, Action and Protection Foundation’s director of research, author of the monitoring re- Anti-Semitic Hate Incidents — May 2015 ports and Associate Professor (Habil.) at ELTE TáTK Department of Social Research Methodology, was also published in the book. The publication is based on a course on hate crimes and their appropiate treatments that was taught by Ildikó Barna and Kristóf Bodó, lawyer of APF at the University of Public Service for students in the Faculty of Military Sciences, Public Administration, and Law Enforcement. Left to right: Ildikó Barna, Colleen Bell, Kálmán Szalai, Source: Action and Protection Foundation Solidarity Sabbath Budapest Source: MTI The Prime Minister’s Office welcomes the initiative of the Lantos Foundation for Human Rights BRUSSELS INSTITUTE and Justice named »Solidarity Sabbath« whose aim is to draw attention to the fight against antiSemitism, hate speech and social exclusion, as well as to highlight the importance of tolerance. A statement released on 22 May stressed that the government promotes zero tolerance against anti-Semitism and against all forms of social exclusion. It respectfully cherishes the memory of all victims and helps those who fight against incitement to hatred day-by-day. On the day of “Solidarity Sabbath”, people subjected to persecution and negative discrimination because of their religion or origin receive emphatic support — read the statement. According to a publication on solidaritysabbath.org, Lantos Foundation for Human Rights and Justice announced on 22 May that high-profile politicians from Austria, Bulgaria, Cyprus, The Czech Republic, Finland, Germany, Georgia, Greece, Hungary, Spain, Sweden, and the United States have agreed to participate in the initiative called Solidarity Sabbath. Their participation conveys an important message to Jewish communities and to the whole world that hatred and intolerance must not win the victory. 23 OTHER NEWS Course on the history of the Holocaust will be compulsory Budapest Source: MTI On 26 May, rector of Pázmány Páter Catholic University (PPKE), Szabolcs Szuromi, announced in Budapest that a course on the history of the Holocaust will be obligatory for all students at the university from September 2015. Mr. Szuromi highlighted that a course titled »The Holocaust and its memory« will be part of the basic curriculum just as »Introduction to Catholic faith« and students enrolling in all faculties at the university will have to complete the course prior to graduation. According to the rector, the content of the course was developed by two pro- 24 fessors at the University of Tel Aviv, Dina Porat and Raphael Vago who “ kept Hungarian particularities in mind” when choosing the content to be taught. The rector mentioned that a year ago at a conference organised by the Hungarian Catholic Bishops’ Conference (HCBC) and PPKE, Israel’s Ambassador to Hungary Ilan Mor said that education — at all stages — is the most effective means to prevent anti-Semitism. Having consulted the Embassy of Israel previously, his wording was a “ deliberate” initiative to introduce the course on the Holocaust at PPKE. Ilan Mor highlighted that the Holocaust from 70 years ago is part of Hungarian identity and facing the past is necessary in the process of becoming a more democratic country. ACTION AND PROTECTION FOUNDATION LEGAL ACTIONS Charges for use of totalitarian symbols rejected Budapest Source: Action and Protection Foundation We detailed in our April report that on 21 April, Action and Protection Foundation informed on an unknown culprit at the 5th District Police Department for deliberate use in public of totalitarian symbols. An antique shop in the 5th district offered numerous, different objects that match the specification of the Criminal Code for totalitarian symbols14 , the majority of these objects were in a separate display cabinet inside the shop, easily visible to potential buyers. On pictures attached to the allegation, one could see, inter alia, a swastika signet ring, an SS signet ring, red star badges with hammer and sickle emblems, swastika lighters, swastika pin badges, Iron Cross insignia, medals and SS insignia. The 5 May decision of the 5th District Police Department rejected the charges claiming that there was no criminal offence. It referred to a decision by the Constitutional Court which says that “the symbols specified by the law represent ideas and events that are connected to the forcible acquisition and dictatorial exercise of power. […] The distribution, using in front of a large public gathering, or the public exposition of symbols specified by the Criminal Code are punishable if the symbols — as totalitarian symbols — are symbolising or promoting behaviour realized by dictatorships in the 20th century.” Based on this, the police decision reasoned that the intent of the perpetrator was only to be judged after having investigated and evaluated the specific circumstances of the particular offense. With regards to the case in question, it was clear that the public display of the totalitarian symbols in the given textual and visual context was not to maintain the persistence of the symbols, keep them alive in public knowledge, popularize them or make them publicly known as widely as possible. Usually, there were two female shop assistants in the shop, they were helpful with customers and did not recommend any items to buy; their appearance had no relation to ideas represented by totalitarian systems. The public use of symbols was not realized as the symbols were not worn. The distribution of symbols was realized, yet identification with the rejected ideologies could not be determined because the shop assistants had an objective approach to the symbols, their activities aimed at making profit influenced by supply and demand. The symbols that appeared in the allegations were stored in the basement of the shop, they were not visible from the street, and the shop sold national socialist and communist symbols as well. The public exposition of symbols was not realized either since the shop assistants’ activity did not aim to maintain the persistence of ideologies represented by the symbols, the staff did not identify with or promote these ideologies. 14 The swastika, the insignia of the SS, the arrow cross, the hammer and sickle, the five-point red star or any other symbol representing one of those signs. 25 Anti-Semitic Hate Incidents — May 2015 Furthermore, there was no element of an offense that disturbed public peace. Action and Protection Foundation filed a complaint on 26 May. They reasoned that the rejecting decision referred to an inappropriate decision of the Constitutional Court as this decision first repealed previous legislative text and new text was delivered afterwards. The new legislative text did not include the part that an offense is only committed if a symbol is used in connection with the relevant totalitarian system and/or if the offender identifies with the symbol but it says that an offense is committed if the act is capable of disturbing public peace, specifically in a way that offends the dignity of victims of totalitarian regimes and their right to sanctity. Therefore, a crime can be committed even though there is no actual disturbance of public peace. In addition, the symbols specified by the law may always provoke feelings of threat in individuals belonging to certain religious or ethnic groups. Based on these, the complaint reasoned that the investigation should not examine offenders’ emotional engagement but the fact whether the act in question was capable of offending the human rights of victims and their right to sanctity. This could only be answered after having thoroughly investigated all the relevant circumstances of the act. According to the complaint, one of the most cardinal points would be the examination of the symbols; and the symbols appear to be medals, insignia, pin badges that have been worn by leaders of totalitarian regimes. By wearing those emblems, these individuals committed genocide against millions of people, they committed offenses against humanity, even under the flag of the National Socialist regime and under its ideology. Due to the nature of the objects of the offense, not only are these symbols associated with National Socialist 26 BRUSSELS INSTITUTE ideology but they carry further connotations. If totalitarian symbols are sold in large quantities in a shop that may be visited by people – even by victims or relatives of victims of totalitarian regimes, and these objects of offense may not carry underlying messages, the act is still capable of offending the dignity of victims of totalitarian regimes and their right to sanctity, and it may even propagate totalitarian systems. Investigation over APF charges against I. Sz. suspended Székesfehérvár, Fejér county Source: Action and Protection Foundation We presented in our February report that on 17 February APF filed charges against an unknown culprit at Székesfehérvár Police Department for public denial of the crimes committed by the Nazi regime. On 27 January 2015, kuruc.info published an article titled “Embarrassing list: children »killed by gassing immediately after their arrival to Auschwitz« were very much alive at the time of »liberation«”. On 27 January, I. Sz. posted the following comment using Facebook module to the article: “There’s noneed to deny this Holocaust as everybody who reads this sight knows that it is only a Holohoax,and nothing more,this Auschwitz,was not a death camp but a relocation camp,people capable of work were taken to different industrial plants from here,to Mlitary industries,and other plases,so there were no gasing,a Jew told me this,so they were paid,and recieved food,given the circumstances they recieved good care,and received no harm.of course Zionits Jews’ greatest pain is truth,and thiis is there biggest illness,they receive a fortune,for these lies,as compensation.” (verbatim quote). In its 6 May decision, Székesfehérvár Police Department agreed that the comment denied the BRUSSELS INSTITUTE Anti-Semitic Hate Incidents — May 2015 Holocaust, but it was impossible to find personal and material evidence in order to identify the perpetrator and therefore the investigation was suspended. Investigation terminated due to suspect’s death Füzesabony, Heves county Source:Action and Protection Foundation We detailed in our February report that on 17 February, Action and Protection Foundation filed charges against an unknown culprit at the Füzesabony Police Department15 for public denial of the crimes committed by the Nazi regime. As background to the case, Action and Protection Foundation described that in July 2013, they filed charges for public denial of the crimes committed by the Nazi regime because of the content of an article published on kuruc.info titled “Dismissal letters, payment slips, accurate data management – »unorthodox« documents from Auschwitz”. The author of the article and the editor of the site could not be identified during the investigation and therefore the Office of Prosecutor General of Budapest initiated to make the electronic data temporarily inaccessible. On 14 January 2015, spokesman for the Office of Prosecutor General of Budapest, Dr Péter Póta, reported the event on Kossuth Rádió (Radio Kossuth); later that day it was covered by main national media, including index.hu. In addition, on 27 January 2015, an interview regarding the above mentioned investigation given by Chairman of the Board of Trustees at APF was published on Népszabadság online. An individual on Facebook, going by the username P. V., commented on both the index.hu and the Népszabadság online articles and shared kuruc.info’s article that publicly denies the crimes committed by the Nazi regime. Therefore, he publicly distributed the kuruc.info article while being aware of its content. The first occasion was on 25 January, when the individual commented on index.hu’s article dated 14 January, by sharing the article denying the Holocaust and commenting the following text: “ it shouldn’t be prohibited, it should be REFUTED!!!ah, you can’t do that? Thanxx!” (verbatim quote). The second occasion was when the Népszabadság online article dated 27 January was commented on the following: “ here you go lousy Jews!” In its 14 May decision, Füzesabony Police Department terminated the investigation due to the suspect’s death. The individual who posted the content denying the Holocaust was identified as P. V., a resident of Mezőszemere. The investigation found that it was P. V. who had shared the offending content, which was still accessible at the time of investigation. The investigation concluded that P. V. was under reasonable suspicion of having committed the crime of public denial of the crimes committed by the Nazi regime. The suspect was not interrogated by the police. On 21 April 2015, suspect P. V. died due to a severe illness; a death certificate was provided. 15 The potential perpetrator’s living location was Mezőszemere on their Facebook profile. 27 THE MONTH’S CHRONICLE All the incidents to be found in the report are presented chronologically in the table below. The Category column shows which part of the report deals with the given case in greater detail. No. Date Incident Category 1 5, 26 May 2 6 May 3 12–14 May 4 14 May House of Fates 5 14 May Investigation terminated due to suspect’s death Action and Protection Foundation Legal Actions 6 19 May Simonyi: Viktor Orbán is not an anti-Semite News and Opinions about Anti-Semitism in Hungary 7 19 May Is Hungary suitable to assume the chairmanship of the IHRA? News and Opinions about Anti-Semitism in Hungary 8 21 May The importance of memory work News and Opinions about Anti-Semitism in Hungary 9 22 May Solidarity Sabbath News and Opinions about Anti-Semitism in Hungary 10 24 May Next film should be about the Battle of Pressburg Further Anti-Semitic Hate Incidents 11 25 May Israeli consul called a Jew Anti-Semitic Hate Incidents: Hate Speech 12 26 May Anti-Semitic comments about a course on the Holocaust Anti-Semitic Hate Incidents: Hate Speech 13 26 May Course on the history of the Holocaust will be compulsory Other News 14 27 May Is Jewish religion necessary? Anti-Semitic Hate Incidents: Hate Speech 15 27 May “Holokamu” (Holohoax) subpage of kuruc.info to be temporarily inaccessible Official and Civil Responses 16 29 May Proceedings against a man Jew-baiting Official and Civil Responses 17 – Stars of David on underground carriage and at station Further Anti-Semitic Hate Incidents 18 – Swastika at Köki Further Anti-Semitic Hate Incidents Charges for use of totalitarian symbols rejected Action and Protection Foundation Legal Actions Investigation over APF charges against I. Sz. suspended Action and Protection Foundation Legal Actions GFCA held in Jerusalem News and Opinions about Anti-Semitism in Hungary Community News and Responses 29 CONTACT AND SUPPORT Action and Protection Foundation is the civil initiative of a number of Jewish organizations that is ready to take resolute steps to curb increasing widespread anti-Semitic manifestations. In case anyone faces insults or anti-Semitic abuse due to a supposed or real Jewish background, do not remain silent, let us know, so that we can forward the case through the appropriate channels to the official organs required to take measures! Notifications of such incidents are received by the Foundation through any of the following means: HOTLINE (+36 1) 510 00 00 The website of Action and Protection Foundation: www.tev.hu/forrodrot The Facebook page: www.facebook.com/tev-tett-esvedelem-alapitvany Action and Protection Foundation’s undertaking can only be successful if great numbers share in our commitment to prepare the grounds for the right to fair process for all those who have suffered offenses. In aid of this cause please support the work of the Foundation with your contribution! Donations can be made to the Foundation on the following bank account: 13597539-12302010-00057157 Contact details for Action and Protection Foundation Address: Semmelweis utca 19, 1052 Budapest, HUNGARY Phone: +36 1 267 57 54 +36 30 207 5130 http://www.tev.hu [email protected] 31 REFERENCES 2012. évi C. törvény a Büntető Törvénykönyvről [Act C of 2012 on the Criminal Code], http://net.jogtar.hu/jr/gen/hjegy_doc. cgi?docid=A1200100.TV (last accessed: 2013.07.10.) Anti-Defamation Leaugue (ADL). 2012. 2011 Audit of Anti-Semitic Incidents. CEJI. 2012. Make hate Crimes Visible. Facing Facts! Guidelines for Monitoring of Hate Crimes and Hate Motivated Incidents. Facing Facts! project. Chakraborti, Neil and Jon Garland. 2009. Hate Crime. Impact, Causes and Responses. London: Sage Publications. Community Security Trust (CST). 2013. Antisemitic Incidents Report 2012. 32 Levin, Jack and Jack McDevitt. 1999. “Hate Crimes.” In Encyclopedia of Violence, Peace and Conflict, edited by Lester Kurtz. San Diego: Academic Press, 89–102. OSCE/ODIHR. 2009a. Hate Crime Laws. A Practical Guide. Warsaw: OSCE/ODIHR. OSCE/ODIHR. 2009b. Preventing and responding to hate crimes. A resource guide for NGOs in the OSCE region. Warsaw: OSCE/ ODIHR. Perry, Barbara. 2001. In the Name of Hate. Understanding Hate Crimes. New York: Routledge. Hungarian Civil Liberties Union (TASZ). 2012. Gyűlöletbűncselekmények áldozatainak. Tájékoztató Kiadvány [For the victims of hate crimes. A guide]. Budapest: TASZ. Contributors and publisher information Publisher: Brussels Institute Nonprofit Ltd. Kálmán Szalai, Executive Director Author: Dr. Ildikó Barna, sociologist, Associate Professor (Habil.) at ELTE TáTK, Department of Social Research Methodology Editors: Dr. Kristóf Bodó, legal advocate, legal representative of Action and Protection Foundation and the Brussels Institute Dr. István Fekete, legal advocate, legal representative of Brussels Institute Kata Majoros, Communications consultant Melinda Minkó research scholar, head of the Incident Monitoring Group of the Brussels Institute Dr. Krisztina Szegő, lawyer Julianna Görög, translator Contributors: Dániel Bodnár, philosopher, Chairman of the Action and Protection Foundation Board of Trustees Andrew Srulewitch, Director, Anti Defamation League The publisher wishes to thank Dr. András Kovács, sociologist, Professor at CEU, for all the encouragement and helpful advice. The publishers expresses their gratitude for the self-sacrificing work of the volunteers who, under expert guidance, have put their continuous efforts into the preparation of this report over the past months. Use of the Report or any part thereof requires written permission from the publisher and such use must properly cite this report as as a reference. 2015 Budapest Action and Protection Foundation Address: Semmelweis utca 19, 1052 Budapest, HUNGARY Phone: +36 1 267 57 54 +36 30 207 5130 http://www.tev.hu
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